By Sayed Yusuf Al-Muhafadha
During this unprecedented conflict in the Kingdom of Bahrain, the government bears a heightened responsibility to protect national unity and civil peace and to safeguard rights guaranteed by the Bahraini Constitution and international obligations. In this context, human rights are emerging, necessitating the need for calm, responsible discussion to strengthen the rule of law and civil institutions.
- The absence of prior legal awareness by the government regarding what constitutes a criminalized act in such exceptional circumstances, especially given that Bahrain has not declared a state of war or a state of emergency.
This includes gaps in legal awareness by citizens and residents on what is permitted and prohibited. Clear communication of these boundaries is crucial for avoiding spontaneous acts without intent to cause harm.
2) The absence of principles of equality and the presence of discrimination in the application of the law.
Detention and prosecution measures by Bahraini authorities have targeted Shi’a citizens directly and disproportionately. Authorities have not targeted social media users from other backgrounds and nationalities who published the locations of the bombardment or images of missiles in the skies of the Kingdom with the same intensity. This suggests a policy of discrimination and the use of laws as a tool of political oppression against those who hold viewpoints differing from those of the government.
3) The presumption of innocence and guarantees of a fair trial.
Constitutional and human rights principles stipulate that the accused is presumed innocent until proven guilty by a final judicial ruling. Accordingly, the Ministry of Interior and Public Prosecution publishing photos of the accused or defaming them as engaging in espionage or treason before they are brought before a fair trial raises serious concerns about the extent to which the presumption of innocence is currently respected in Bahrain. The rapid prosecution of individuals for terrorism, following assessments and interpretations that appear hasty, also raises serious concerns, particularly since they attribute more to individual actions. A distinction must be made between spontaneous or media-provoking speech, which may be motivated by fear or by the intention to document, and actions that involve incitement, disclosure of sensitive information, or treason. It is also essential to ensure proportionality between criminal acts and punishments.
4) Tolerance of sectarian hate speech and the absence of equal citizenship.
Generalized accusations or charges of treason against Shi’a citizens in the online space in Bahrain because of differences in political viewpoints represent a breach of the principle of equal citizenship and Bahrain’s constitutional values, which are based on pluralism and respect for diversity. This also contradicts Bahrain’s efforts to combat hate speech. The Cybercrime Directorate’s silence regarding hate speech reveals institutional bias, negligence in the application of the law, and misuse of its powers.
It is important to remember that crisis management requires caution, self-restraint, and consolidation on the home front. The Government of Bahrain’s actions risk undermining this. Bahraini institutions should not suspiciously probe the intentions of Shi’a citizens, to compel them to adopt state ideology, or remain silent. The Government of Bahrain must protect freedom of expression. While preventing the spread of false or misleading news for the safety of citizens and residents is undoubtedly needed, the monitoring of digital spaces must be proportional. This is especially important because many posts may have been made in good faith, spontaneously, or due to a lack of knowledge of Bahraini law. Context must be considered.
I hope the Government of Bahrain stands at an equal distance from all citizens and does not project the acts of individual actors onto the entire Shi’a community or question or subject it to symbolic loyalty tests, as this constitutes a violation of the principle of full citizenship and risks widening divisions at a critical time.
